NOTE: PUBLICATION OF NAME(S), ADDRESS(ES), OCCUPATION(S) OR IDENTIFYING PARTICULARS OF COMPLAINANT(S) PROHIBITED BY S 203 OF THE CRIMINAL PROCEDURE ACT 2011. SEE
IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY
I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE
CRI-2017-027-000774
[2019] NZHC 111
THE QUEEN v
PAUL MALCOLM JOHNSON FRANK KOKIRI ROTA JASON WIREMU WILLIAMS
Hearing: 10 May 2019 Appearances:
S J Barnaart for the Crown N S Leader for P M Johnson J A G Moroney for F K Rota D J Blaikie for J W Williams
Judgment:
10 May 2019
SENTENCING NOTES OF POWELL J
[Redacted version]
R v JOHNSON & ORS [2019] NZHC 111 [10 May 2019]
[1] Paul Johnson, Frank Rota and Jason Williams you come up for sentence today, along with Linton McIntyre, after each pleading guilty to a charge of kidnapping, and in Mr Johnson and Mr Rota’s cases, two additional charges of injury with intent to injure.
[2] As I have explained in Court this morning, Mr McIntyre was also due to be sentenced today but was admitted to hospital last night. Given that there was no time to make other arrangements for your sentence this morning and indeed it is important that the sentencing proceed, with the consent of all parties your sentencing has proceeded this morning. Mr McIntyre will now be sentenced at another date to be arranged with the Registrar.
[3] The charges to which you and Mr McIntyre have pleaded guilty arose out of events that took place at a residential address in Paihia (“the Paihia property”) on 10 March 2017. Your guilty pleas came at the end of three weeks of trial, at the conclusion of the Crown evidence. The summary which I will give as to what occurred represents my conclusions based on the evidence that I heard at trial, including the evidence of all four complainants, the Police and forensic evidence and the evidential interviews given by both Mr Rota and Mr McIntyre.
What happened on 10 March 2017
[4] On 10 March 2017 Victim A, Victim B and Victim C had just finished breakfast at the Paihia property, and Victim A and C were preparing to go to work later that morning.
[5] Mr McIntyre and Mr Rota arrived at the property by car and came to the door. As Mr McIntyre was a good friend of Victim B’s they were invited in, despite Mr Rota wearing various Head Hunter related gang insignia.
[6] Mr McIntyre proceeded to have a conversation with Victim B about the whereabouts of Boy Marsh (“Boy”), a member of the Black Power gang who he and
the others accompanying him were trying to locate on behalf of Maurice Reti, an associate who at that time was serving a sentence of imprisonment.
[7] Within a short time of Mr McIntyre and Mr Rota arriving at the Paihia property, Mr Johnson, Mr Williams and a further unidentified offender arrived in another vehicle and also entered the house.
[8] Shortly afterwards, Victim A…
Continue reading R v Johnson
Sign in free to access the full text
- AGLC
- R v Johnson [2019] NZHC 111
- Case
- [2019] NZHC 111
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.